IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130004106
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the correct military occupational specialty (MOS).
2. The applicant states, in effect, the MOS listed on his DD Form 214 "Laundry and Impregnation" was performed for 1 month. He was sent out on patrols for 12 hours a day until he left Vietnam and returned to continental United States. He wants his correct MOS recorded on his DD Form 214 and recognized by the Army.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he was inducted into the Army of the United States on 28 June 1968. After completion of basic combat training, he was assigned to Fort Lee, VA, where he completed training and was awarded MOS 57E (Laundry and Impregnation Specialist).
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 27 (Military Education) he completed the 8-week Laundry and Impregnation Course in 1968.
b. Item 28 (Specialized Training) of this form shows between 1968 and 1970, he completed the following training:
* Army Training Program (ATP) 21-114 (basic/infantry training)
* Geneva Convention Orientation
* Chemical, Biological, and Radiological (CBR) training
* Republic of Vietnam Training
* Military Justice Training
* Benefits of Honorable Discharge
4. He served in Vietnam in MOS 57E from 27 December 1968 to 26 December 1969. He was assigned to the 385th Quartermaster Detachment as a Laundry and Impregnation Specialist.
5. On 12 December 1969, Headquarters, U.S. Army Support Command Qui Nhon, published Special Orders Number 346 awarding him primary MOS (PMOS) 76V (Equipment Storage Specialist) and secondary MOS 57E, effective 5 November 1969.
6. Upon completion of his Vietnam tour, he was reassigned to the 520th Quartermaster Company where he performed duties in MOS 76V.
7. He was honorably released from active duty on 12 May 1970. His DD Form 214 shows in:
* Item 23a (Specialty Number and Title) 76V2O, Equipment Storage Specialist
* Item 25 (Education and Training Completed) Laundry and Impregnation, in addition to other training
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It stated, in pertinent part, that item 23a shows the PMOS code number and title and item 25 shows the education and training completed by the Soldier.
DISCUSSION AND CONCLUSIONS:
1. The applicant was formally trained in and held MOS 57E. The title of this MOS was "Laundry and Impregnation Specialist." Since he completed formal training in this MOS, the training course is properly listed in item 25 of his
DD Form 214. There is no evidence in his records and he provides none to show he completed any other MOS training.
2. Although he initially held PMOS 57E, prior to his release from active duty, he was awarded PMOS 76V, effective November 1969. He held this MOS as his PMOS at the time of his release from active duty. Therefore, his PMOS is also correctly shown in item 23a of his DD Form 214.
3. His service in Vietnam and his contention are noted. However, his DD Form 214 appears to be administratively correct and he provides no substantiating evidence to show it is in error. Therefore, there is insufficient evidence to grant him the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ x_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20130004106
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ABCMR Record of Proceedings (cont) AR20130004106
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